[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Proposed Rules]
[Pages 43145-43151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15684]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 21-263; FCC 21-84; FR ID 38739]


Updating Broadcast Radio Technical Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communication Commission proposes to amend the 
rules applicable to broadcast radio stations to better reflect current 
requirements and eliminate redundant, outdated, or conflicting 
technical provisions.

DATES: Comments may be filed on or before September 7, 2021 and reply 
comments may be filed on or before September 20, 2021.

ADDRESSES: You may submit comments, identified by MB Docket No. 21-263, 
by any of the following methods:
    <bullet> Federal Communications Commission's Electronic Comment 
Filing System (ECFS): http://apps.fcc.gov/ecfs/. Follow the 
instructions for submitting comments.
    <bullet> Mail: Filings can be sent by commercial overnight courier, 
or by first-class or overnight U.S. Postal Service mail. Commercial 
overnight mail (other than U.S. Postal Service Express Mail and 
Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, 
MD 20743. U.S. Postal Service First Class, Express, and Priority mail 
must be addressed to 45 L Street NE, Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#ce888d8dfbfefa8ea8adade0a9a1b8"><span class="__cf_email__" data-cfemail="c6808585f3f6f286a0a5a5e8a1a9b0">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 888-835-5322.

FOR FURTHER INFORMATION CONTACT: James Bradshaw, Deputy Division Chief, 
Media Bureau, Audio Division (202) 418-2739, <a href="/cdn-cgi/l/email-protection#c389a2aea6b0ed81b1a2a7b0aba2b483a5a0a0eda4acb5"><span class="__cf_email__" data-cfemail="195378747c6a375b6b787d6a71786e597f7a7a377e766f">[email protected]</span></a>; 
Christine Goepp, Attorney Advisor, Media Bureau, Audio Division, (202) 
418-7834, <a href="/cdn-cgi/l/email-protection#54173c263d27203d3a317a133b312424143237377a333b22"><span class="__cf_email__" data-cfemail="04476c766d77706d6a612a436b617474446267672a636b72">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), MB Docket No. 21-263, FCC 21-84, adopted 
and released on July 12, 2021. The full text of this document will be 
available for public inspection and copying via ECFS. The full text of 
this document can also be downloaded in Word or Portable Document 
Format (PDF) at http://www.fcc.gov/ndbedp.

Synopsis

    1. The Federal Communication Commission proposes to amend the 
following rules applicable to broadcast radio stations to better 
reflect current requirements and eliminate redundant, outdated, or 
conflicting technical provisions.
    2. Maximum rated transmitter power for AM stations. The Commission 
proposes to amend 47 CFR 73.1665(b) to

[[Page 43146]]

remove the maximum rated transmitter power limit for AM stations and 
delete the corresponding ``Table 1 to paragraph (b).'' The Commission 
tentatively concludes that an equipment limitation on potential 
transmitter power is outdated and unnecessary given its current 
reliance on actual operating antenna input power as the most accurate 
and effective means of ensuring that AM stations adhere to their 
authorized power limits. The restriction on AM transmitter power goes 
back many decades and was adopted in substantially its current form in 
1978. The Commission tentatively concludes that retaining an equipment-
based maximum rated transmitter power rule is unnecessary and 
inconsistent with the standard governing the operating power of AM 
stations set out in 47 CFR 73.51. It seeks comment on eliminating this 
requirement and on any other changes to the rules necessary or 
appropriate to reflect this change.
    3. NCE community of license coverage. The Commission proposes to 
amend 47 CFR 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) to harmonize with 
the later-adopted NCE FM community coverage standard set out in 47 CFR 
73.515. Specifically, it proposes that the requirement in section 
73.515 that stations reach 50% of their community of license or 50% of 
the population in their community should replace the more general 
requirement in sections 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) that 
the station cover ``a portion of the community.'' Applications covered 
by sections 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) must already 
satisfy the requirement set out in section 73.515. To harmonize these 
provisions, the Commission proposes to amend these two rules to state 
that an NCE FM station operating on a reserved channel must provide a 
predicted 60 dB[mu] signal to at least 50% of its community of license 
or reach 50% of the population within the community. It seeks comment 
on this proposal.
    4. FM transmitter interference to nearby antennas. The Commission 
proposes to eliminate 47 CFR 73.316(d), which it tentatively concludes 
is an unnecessary burden on applicants. This is a seldom-used rule, 
which the Commission tentatively concludes does not prevent 
interference to any significant degree, if at all. The Commission seeks 
comment on this tentative conclusion as well as any other applicable 
considerations it should take into account when eliminating this rule. 
Section 73.316(d) provides that ``[a]pplications proposing the use of 
FM transmitting antennas in the immediate vicinity (i.e., 60 meters or 
less) of other FM or TV broadcast antennas must include a showing as to 
the expected effect, if any, of such approximate operation.'' Based on 
the Commission's experience, it tentatively concludes that broadcast 
radio antennas within this physical proximity are unlikely to create 
interference problems if they are otherwise compliant with the 
transmission system requirements set out in 47 CFR 73.317 and states 
that it is not aware of any industry complaints of such interference 
during the more than 70 years this rule has been in effect. Therefore, 
the Commission proposes to eliminate section 73.316(d) as an 
unnecessary application requirement and seeks comment on this proposal.
    5. NCE FM Class D second-adjacent channel interference ratio. The 
Commission proposes to amend 47 CFR 73.509(b), which sets out signal 
strength contour overlap requirements for NCE FM Class D stations, to 
harmonize with the more permissive standard applied to all other NCE-FM 
stations. This change will create consistency across different NCE FM 
station classes regarding contour overlap limitations. The Commission 
tentatively concludes that the current Class D contour overlap 
requirement is not necessary given the proven efficacy of the less 
restrictive requirements for other stations and anticipates that this 
change will allow Class D stations greater site selection flexibility 
as well as the opportunity to potentially increase their coverage 
areas. Currently, section 73.509(b) provides that applications by NCE 
FM Class D station licensees will not be accepted if they propose 
overlap of the applicant station's 80 dBu (interfering) contour with 
the 60 dBu (protected) contour of any second-adjacent channel station 
(i.e., a 20 dBu interference ratio). In contrast, section 73.509(a) 
prohibits overlap of any other NCE applicant station's 100 dBu 
(interfering) contour with the 60 dBu (protected) contour of any 
second-adjacent channel station (i.e., a 40 dBu interference ratio). 
When it adopted section 73.509(a) in 2000, the Commission explained 
that the 100 dBu standard is a better gauge of potential second-
adjacent channel interference than the 80 dBu standard and that 
adoption of a less preclusive 100 dBu standard would create 
opportunities for NCE FM and FM translator stations to increase power 
and coverage, and provide them with greater site selection flexibility. 
However, because of a then-pending proceeding to establish the LPFM 
service, the Commission deferred any action on proposals involving NCE 
FM Class D stations. The LPFM service has now been established and is 
currently a relatively mature service, so the Commission tentatively 
concludes that the time is ripe to extend the otherwise universal 100 
dBu contour overlap standard for second-adjacent channels to NCE FM 
Class D stations. It seeks comment on this proposal.
    6. Protection for grandfathered common carriers in Alaska in the 
76-100 MHz band. The Commission proposes to delete the outdated 
requirement that radio stations operating in the 76-100 MHz band 
protect common carrier services in Alaska. It states that this rule is 
unnecessary and obsolete because the Commission's licensing databases 
indicate that there are no common carrier services remaining in this 
band in Alaska. The relevant provisions, 47 CFR 73.501(b), 
74.1202(b)(3), the second sentence of 74.702(a)(1), and the second 
sentence of 74.786(b), all contain similar language requiring broadcast 
services to protect grandfathered common carrier services in Alaska 
operating in the 76-100 MHz frequency band. With the exception of 
section 74.786(b), which was added in 2004 to apply the Alaska rule to 
digital LPTV and TV translators, this suite of rule provisions was 
created in 1982 when the Commission reallocated the 76-100 MHz band in 
Alaska from government and non-government fixed services to broadcast 
services. In doing so, the Commission grandfathered existing common 
carrier operations, protecting them from new broadcast services in that 
band. At the time, the Commission anticipated that such protection 
would become unnecessary as the common carriers gradually moved to 
other parts of the spectrum. Accordingly, in 2005, the Commission 
deleted two of the original five rules on the basis that there were no 
longer any common carrier stations in Alaska in the 76-100 MHz band. 
For the same reason, the Commission proposes to delete the remaining 
sections 73.501(b), 74.1202(b)(3), and portions of 74.702(a)(1) and 
74.786(b) of the Commission's rules as obsolete and unnecessary. It 
seeks comment on this proposal.
    7. AM fill-in area definition. The Commission proposes to amend the 
definition of ``AM fill-in area'' set out in 47 CFR 74.1201(j) to 
conform to the requirement in 47 CFR 74.1201(g) that the ``coverage 
contour of an FM translator rebroadcasting an AM radio broadcast 
station as its primary station must be contained within the greater of 
either the 2 mV/m daytime contour of the AM station or a 25-mile (40 
km) radius centered at the AM transmitter site.'' It does not propose 
any change to

[[Page 43147]]

section 74.1201(g). The Commission anticipates that this change will 
create consistency across different rules governing fill-in translator 
transmitter siting. In 2009, when it modified the FM translator rules 
to allow AM stations to retransmit using fill-in FM translators, the 
Commission adopted new section (j) and amended section (g) to define an 
AM fill-in area for FM translators as the lesser of the 2 mV/m daytime 
contour of the AM station and a 25-mile (40 km) radius centered at the 
AM transmitter site. When the Commission relaxed this cross-service 
siting requirement in 2017, it amended section (g) to provide that an 
FM translator rebroadcasting an AM broadcast station must be located 
such that the 60 dBu contour is contained within the greater of either 
(a) the 2 mV/m daytime contour of the AM station, or (b) a 25-mile 
radius centered at the AM station's transmitter site. However, it did 
not update section (j) to reflect this change. The Commission proposes 
to do so now and seeks comment on this proposal.
    8. International agreements. To fully implement the provisions of 
relevant agreements with the Canadian and Mexican governments, the 
Commission proposes to amend 47 CFR 73.207(b) and 74.1235(d). Section 
73.207(b)(2) states, ``Under the Canada-United States FM Broadcasting 
Agreement, domestic U.S. allotments and assignments within 320 
kilometers (199 miles) of the common border must be separated from 
Canadian allotments and assignments by not less than the distances 
given in Table B, which follows.'' The 1991 U.S.-Canada FM Broadcasting 
Agreement contains minimum distance separations but also offers contour 
overlap parameters for short-spaced stations to demonstrate compliance 
with the Agreement. Accordingly, the Commission proposes to include 
contour overlap-based protection for short-spaced stations in this 
rule. It also proposes to replace the current Table B with the 
superseding minimum distance separations table set out in a 1997 
Amendment to the 1991 U.S.-Canada FM Broadcasting Agreement.
    9. Currently, section 73.207(b)(3) provides that ``[u]nder the 1992 
Mexico-United States FM Broadcasting Agreement, domestic U.S. 
assignments or allotments within 320 kilometers (199 miles) of the 
common border must be separated from Mexican assignments or allotments 
by not less than the distances given in Table C in this paragraph 
(b)(3).'' This provision is no longer accurate, as, except for 
intermediate frequency separations, the 1992 U.S.-Mexico FM 
Broadcasting Agreement provides for contour-overlap-based protection as 
well as minimum spacing protection. Therefore, the Commission proposes 
to revise this section to include contour overlap-based protection for 
short-spaced stations. It seeks comment on these proposed changes.
    10. The Commission also proposes to update 47 CFR 74.1235(d), 
governing FM translators, to conform with the relevant treaties. With 
respect to Canada, section 74.1235(d) states, ``Applications for FM 
translator stations located within 320 km of the Canadian border will 
not be accepted if they specify more than 50 watts effective radiated 
power in any direction or have a 34 dBu interference contour, 
calculated in accordance with Sec.  74.1204 of this part, that exceeds 
32 km.'' This provision codifies section 4.3 of the 1991 U.S.-Canada FM 
Broadcasting Agreement. In 1997, the United States and Canada amended 
section 4.3 of the 1991 U.S.-Canada FM Broadcasting Agreement to 
increase the permissible effective radiated power (ERP) for border FM 
translator stations from 50 to 250 watts and the interference contour 
from 32 to 60 kilometers. To implement this change, in 1998, the 
Commission amended section 74.1235 by adding section (d)(3), which 
states, ``Applications for translator or booster stations within 320 km 
of the Canadian border may employ an ERP up to a maximum of 250 watts, 
as specified in Sec.  74.1235(a) and (b). The distance to the 34 dBu 
interfering contour may not exceed 60 km in any direction.'' Because 
the first sentence of section (d) is now outdated and conflicts with 
section (d)(3), the Commission proposes to modify it to conform to 
current treaty requirements and to eliminate section (d)(3).
    11. With respect to Mexico, section 74.1235(d) provides, ``FM 
translator stations located within 320 kilometers of the Mexican border 
must be separated from Mexican allotments and assignments in accordance 
with Sec.  73.207(b)(3) of this chapter and are limited to a 
transmitter power output of 10 watts or less. For purposes of 
compliance with that section, FM translators will be considered as 
Class D FM stations.'' In the 1992 U.S.-Mexico FM Broadcasting 
Agreement, translator stations are classified as LPFM stations rather 
than full service stations, and thus not subject to distance separation 
requirements. The Commission tentatively concludes that neither the 
rules nor the relevant international agreements require translator 
stations to adhere to those distance separations. In addition, the 10-
watt transmitter power output limitation is a superseded provision 
originally set out in the U.S.-Mexican FM Broadcast Agreement of 1972 
and is no longer consistent with current treaty requirements. For these 
reasons, the Commission proposes to delete these two sentences in the 
introductory paragraph of section 74.1235(d) and seeks comments on this 
proposal.
    12. Finally, the Commission proposes to revise the translator power 
limitations set out in 47 CFR 74.1235(d)(1) and (2). The 1992 U.S.-
Mexico FM Broadcasting Agreement provides in relevant part that a 
translator's ERP may not exceed 50 watts in the direction of the other 
country nor produce an interfering contour more than 32 kilometers in 
the direction of the other country. Within 125 km of the common border, 
the maximum distance to the protected contour of a translator must be 
8.7 km in the direction of the other country. However, a translator 
located more than 125 km from the border may operate with more than 50 
watts in the direction of the other country, provided that its 
protected contour is not greater than, starting from 125 km from the 
border, 8.7 km in the direction of the other country. In addition, 
under the 1992 U.S.-Mexico FM Broadcasting Agreement, translators must 
protect the allotments and assignments of the other country based on 
their maximum permitted parameters. To accurately implement these 
provisions, the Commission proposes to amend sections 74.1235(d)(1) and 
(2) to reflect current treaty requirements, as set out in Appendix A. 
Because these changes are intended to codify the existing state of 
international agreements to which the United States is a party, the 
Commission requests commenters to focus on whether the proposed changes 
properly implement the relevant treaty provisions rather than suggest 
changes to any of the agreed-upon limits.

Comments and Reply Comments

    13. Filing Requirements.--Comments and Replies. Pursuant to 47 CFR 
1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated in the DATES section of this 
notice. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and

[[Page 43148]]

one copy of each filing. If more than one docket or rulemaking number 
appears in the caption of this proceeding, filers must submit two 
additional copies for each additional docket or rulemaking number.
    Filings can be sent by commercial overnight courier or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20743.
    <bullet> U.S. Postal Service First Class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
    14. People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c6a0a5a5f3f6f286a0a5a5e8a1a9b0">[email protected]</a> or call the 
Consumer & Government Affairs Bureau at 202-418-0530 (voice), 202-418-
0432 (tty).
    15. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available via ECFS.

Procedural Matters

Ex Parte Rules

    16. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200 et seq. Persons making ex parte presentations must file a copy 
of any written presentation or memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine Period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to the Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppl, searchable .ppl). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    17. Initial Paperwork Reduction Act Analysis. This document does 
not contain proposed new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified information collection for small business concerns with 
fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Initial Regulatory Flexibility Analysis

    18. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies proposed in 
the Notice of Proposed Rulemaking (NPRM). Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the NPRM 
provided on the first page of the NPRM. The Commission will send a copy 
of this entire NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA). In addition, the 
NPRM and the IRFA (or summaries thereof) will be published in the 
Federal Register.

A. Need for, and Objectives of, the Proposed Rule Changes

    19. The Commission initiates this rulemaking proceeding to obtain 
comments regarding its proposal to update certain of its technical 
rules to better reflect current requirements and eliminate redundant, 
outdated, or conflicting provisions. Specifically, the Commission seeks 
comment on the following proposed rule changes: (1) Eliminating the 
maximum rated transmitter power limit rule for AM stations; (2) 
updating rule provisions containing an NCE FM community of license 
coverage requirement; (3) eliminating the requirement that applicants 
demonstrate the effect of any FM applicant transmitting antenna on 
nearby FM or TV broadcast antennas; (4) updating the signal strength 
contour overlap requirements for NCE FM Class D stations to harmonize 
with the contour overlap requirements for all other NCE FM stations; 
(5) eliminating the requirement for broadcast services to protect 
grandfathered common carrier services in Alaska operating in the 76-100 
MHz frequency band; (6) harmonizing the definition of an ``AM fill-in 
area'' set out in multiple rule sections; and (7) amending the power 
limits for translators within 320 kilometers of the Mexican and 
Canadian borders to comply with current treaty provisions.

B. Legal Basis

    20. The proposed action is authorized pursuant to sections 1, 4(i), 
4(j), 301, 303, 307, 308, 309, 316, and 319 of the Communications Act, 
47 U.S.C. 151, 154(i), 154(j), 301, 303, 307, 308, 309, 316, 319.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    21. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA. The rules 
proposed herein will directly affect small television and radio 
broadcast stations. Below, we provide a description of these small 
entities, as well as an estimate of the number of such small entities, 
where feasible.
    22. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' The SBA has created the following small business 
size standard for this category: Those having $41.5 million or less in 
annual receipts.

[[Page 43149]]

Census data for 2012 show that 2,849 firms in this category operated in 
that year. Of this number, 2,806 firms had annual receipts of less than 
$25 million, and 43 firms had annual receipts of $25 million or more. 
Because the Census has no additional classifications that could serve 
as a basis for determining the number of stations whose receipts 
exceeded $41.5 million in that year, we conclude that the majority of 
radio broadcast stations were small entities under the applicable SBA 
size standard.
    23. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,406 and the 
number of commercial FM radio stations to be 6,726 for a total number 
of 11,132, along with 8,126 FM translator and booster stations. As of 
September 2019, 4,294 AM stations and 6,739 FM stations had revenues of 
$41.5 million or less, according to Commission staff review of the BIA 
Kelsey Inc. Media Access Pro Television Database (BIA). In addition, 
the Commission has estimated the number of noncommercial educational FM 
radio stations to be 4,195. NCE stations are non-profit, and therefore 
considered to be small entities. Therefore, we estimate that the 
majority of radio broadcast stations are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    24. The NPRM proposes to amend existing rules to better reflect 
current requirements and eliminate redundant, outdated, or conflicting 
provisions. None of the proposed revisions require additional paperwork 
obligations and in one instance eliminates a currently required 
application showing.

E. Steps Taken To Minimize Significant Impact on Small Entities and 
Significant Alternatives Considered

    25. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    26. In the NPRM, the Commission proposes to amend existing rules to 
better reflect current requirements and eliminate redundant, outdated, 
or conflicting provisions. The proposed rules will eliminate the 
requirement that applicants demonstrate the effect of any FM applicant 
transmitting antenna on nearby FM or TV broadcast antennas. They will 
also eliminate the need for small entities and other licensees to 
comply with outdated technical regulations such as the maximum rated 
transmitter power limit rule for AM stations, the signal strength 
contour overlap requirements for NCE FM Class D stations, and the 
requirement for broadcast services to protect grandfathered common 
carrier services in Alaska operating in the 76-100 MHz frequency band. 
In addition, the rules clarify and harmonize provisions such as the 
definition of an ``AM fill-in area,'' power limits for FM translators 
near the Canadian and Mexican borders, and required community of 
license coverage for NCE FM stations, many of whom are small entities. 
These revisions will make the rules more transparent and accessible to 
small entities and thus reduce the need for expert engineering or legal 
assistance with compliance and reporting requirements.
    27. Alternatives considered by the Commission include retaining the 
existing rules and amending other, related rules to further improve the 
accuracy of the Code of Federal Regulations. The Commission seeks 
comment on the effect of the proposed rule changes on all affected 
entities. The Commission is open to consideration of alternatives to 
the proposals under consideration, including but not limited to 
alternatives that will minimize the burden on broadcasters, many of 
whom are small businesses.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    28. None.

Ordering Clauses

    29. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 
319 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 301, 303, 307, 308, 309, 316, and 319, this Notice of 
Proposed Rulemaking is adopted.
    30. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects

47 CFR Part 73

    Mexico, Radio.

47 CFR Part 74

    Radio.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 and part 74 
as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.

0
2. Amend Sec.  73.207 by revising paragraphs (b)(2) and (3) to read as 
follows:


Sec.  73.207  Minimum distance separation between stations.

* * * * *
    (b) * * *
    (2) Unless demonstrating compliance with the overlap provisions of 
the 1991 United States-Canada FM Broadcasting Agreement, any domestic 
U.S. allotment or assignment within 320 kilometers (199 miles) of the 
common border must be separated from Canadian allotments and 
assignments by not less than the distances given in Table B, which 
follows. When applying Table B, U.S. Class C0 allotments and 
assignments are considered to be Class C; U.S. Class C2 allotments and 
assignments are considered to be Class B; and U.S. Class C3 allotments 
and assignments are considered to be Class B1.

[[Page 43150]]



                Table B to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
----------------------------------------------------------------------------------------------------------------
                                    Co-channel                   Adjacent channels                     I.F.
            Relation             -------------------------------------------------------------------------------
                                       0 kHz          200 kHz         400 kHz         600 kHz      10.6/10.8 MHz
----------------------------------------------------------------------------------------------------------------
A1-A1...........................              78              45              24              20               4
A1-A............................             131              78              44              40               7
A1-B1...........................             164              98              57              53               9
A1-B............................             190             117              71              67              12
A1-C1...........................             223             148              92              88              19
A1-C............................             227             162             103              99              26
A-A.............................             151              98              51              42              10
A-B1............................             184             119              64              55              12
A-B.............................             210             137              78              69              15
A-C1............................             243             168              99              90              22
A-C.............................             247             182             110             101              29
B1-B1...........................             197             131              70              57              24
B1-B............................             223             149              84              71              24
B1-C1...........................             256             181             108              92              40
B1-C............................             259             195             116             103              40
B-B.............................             237             164              94              74              24
B-C1............................             271             195             115              95              40
B-C.............................             274             209             125             106              40
C1-C1...........................             292             217             134             101              48
C1-C............................             302             230             144             111              48
C-C.............................             306             241             153             113              48
----------------------------------------------------------------------------------------------------------------

    (3) Unless demonstrating compliance with the overlap provisions of 
the 1992 United States-Mexico FM Broadcasting Agreement, any domestic 
U.S. assignment or allotment within 320 kilometers (199 miles) of the 
common border must be separated from Mexican assignments or allotments 
by not less than the distances given in Table C in this paragraph 
(b)(3). However, the I.F. minimum distance separations in Table C apply 
regardless of short-spaced status. When applying Table C--
* * * * *
0
3. Amend Sec.  73.316 by revising the second sentence of (c)(2)(ix)(B), 
removing paragraph (d), and redesignating paragraph (e) as paragraph 
(d) to read as follows:


Sec.  73.316  FM antenna systems.

* * * * *
    (c) * * *
    (2) * * *
    (ix) * * *
    (B) * * * The application for license must also demonstrate that 
coverage of the community of license by the 70 dBu contour is 
maintained for stations authorized pursuant to Sec.  73.215 on Channels 
221 through 300, as required by Sec.  73.315(a), while noncommercial 
educational stations operating on Channels 201 through 220 must show 
that the proposed transmitter location will provide a minimum field 
strength of 1 mV/m (60 dBu) over at least 50 percent of its community 
of license or reach 50 percent of the population within the community.
* * * * *


Sec.  73.501  [Amended]

0
4. Amend Sec.  73.501 by removing and reserving paragraph (b).
0
5. Amend Sec.  73.509 by revising paragraph (b) to read as follows:


Sec.  73.509  Prohibited overlap.

* * * * *
    (b) An application by a Class D (secondary) station, other than an 
application to change class, will not be accepted if the proposed 
operation would involve overlap of signal strength contours with any 
other station as set forth in Table 2 to paragraph (b):

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                               Contour of proposed  Contour of any other
    Frequency separation             station               station
------------------------------------------------------------------------
Co-channel..................  0.1 mV/m (40 dBu)...  1 mV/m (60 dBu).
200 kHz.....................  0.5 mV/m (54 dBu)...  1 mV/m (60 dBu).
400/600 kHz.................  100 mV/m (100 dBu)..  1 mV/m (60 dBu).
------------------------------------------------------------------------

0
6. Amend Sec.  73.1665 by revising paragraph (b) and removing Table 1 
to paragraph (b) to read as follows:


Sec.  73.1665  Main transmitters.

* * * * *
    (b) There is no maximum manufacturer-rated power limit for AM, FM, 
TV or Class A TV station transmitters.
* * * * *
0
7. Amend Sec.  73.1690 by revising the second sentence of paragraph 
(c)(8)(i) to read as follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (c) * * *
    (8) * * *
    (i) * * * Noncommercial educational FM stations must continue to 
provide a 60 dBu contour over at least 50 percent of its community of 
license or reach 50 percent of the population within the community. * * 
*
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
8. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.

[[Page 43151]]

Sec.  74.702  [Amended]

0
9. Amend Sec.  74.702 by removing the second sentence of paragraph 
(a)(1).


Sec.  74.786  [Amended]

0
10. Amend Sec.  74.786 by removing the second sentence of paragraph 
(b). Amend Sec.  74.1201 by revising paragraph (j) to read as follows:


Sec.  74.1201  Definitions.

* * * * *
    (j) AM Fill-in area. The area within the greater of the 2 mV/m 
daytime contour of the AM radio broadcast station being rebroadcast or 
a 25-mile (40 km) radius centered at the AM transmitter site.
* * * * *


Sec.  74.1202  [Amended]

0
11. Amend Sec.  74.1202 by removing paragraph (b)(3).
0
12. Amend Sec.  74.1235 by revising paragraph (d) to read as follows:


Sec.  74.1235  Power limitations and antenna systems.

* * * * *
    (d) Applications for FM translator stations located within 320 km 
of the Canadian border will not be accepted if they specify more than 
250 watts effective radiated power in any direction or have a 34 dBu 
interference contour that exceeds 60 km. Applications for FM translator 
stations located within 320 kilometers of the Mexican border must 
adhere to the following provisions.
    (1) Translator stations located within 125 kilometers of the 
Mexican border may operate with a maximum ERP of 250 watts (0.250 kW) 
but must not exceed an ERP of 50 watts (0.050 kW) in the direction of 
the Mexican border. A translator station may not produce an interfering 
contour in excess of 32 km from the transmitter site in the direction 
of the Mexican border, nor may the 60 dBu service contour of the 
translator station exceed 8.7 km from the transmitter site in the 
direction of the Mexican border.
    (2) Translator stations located between 125 kilometers and 320 
kilometers from the Mexican border may operate with a maximum ERP of 
250 watts in any direction. However, in no event shall the location of 
the 60 dBu contour lie within 116.3 km of the Mexican border.

[FR Doc. 2021-15684 Filed 8-5-21; 8:45 am]
BILLING CODE 6712-01-P


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